My Mineral Rights were not reserved at closing

5 yrs ago I sold my home without the mineral rights (seller reserved). My former neighbors just called last week and said something is not right the oil/gas company has sent a lease to the buyer of the property. After a week of phone calls, letters, emails and faxes the Title Co was pointing the finger at the realtor, the buyer would not return my calls and the realtor finally found my file friday morning. Friday night I was email by the realtor a quit claim deed from the buyer and is to be recorded on Monday morning. No one is saying who did what wrong regarding the minerals not being reserved at closing. Yes I got the mineral rights back but I feel someone should be held accountable for not doing their job, if my former neighbors would not have called I would have never known.

Should the Title Co who did the closing and/or the realtor be accountable for this mistake?

The Realtor should have put the reservation in the contract. If not, Realtor’s fault. Otherwise the Title Company should be responsible for the Documents prepared.


At the time the house was sold and papers were completed, did you audit the paperwork to make sure the negotiated terms were all addressed. The seperation of minerals from this real estate transaction should have been included in this paperwork. If an oil/gas company sent a lease to the buyer of the property, I would say that their name is on record at the County Clerk's office in regards to the minerals on the property. in conclusion, I don't think the Title Co. or the realtor can be held accountable as the individual(s) who signed the final paperwork would be responsible.

When you went into closing you signed escrow instructions which would have shown the mineral rights exclusion. If this was missing, then your Realtor forgot to insert the instruction into the Earnest Money Agreement. If the exclusion was in your final escrow instructions, then the title company would be a fault. In either case, you may be responsible for not catching this possible omission before signing your final papers (if it was not included).

Because no actual damages happened, then there is no basis for legal action. You can’t make a bad driver pay when the accident was avoided. In your case, it looks like you avoided an accident. Be happy, be thankful and go on down the road.